Terms of use for AVIATO ACADEMY NV/SA websites
(last modified 2 November 2022)
- General information
These terms of use apply to the https://aviatoacademy.com (“Website“) and https://learn.aviatoacademy.com (“LMS platform“) websites (hereafter referred to collectively as the “Websites“)
The Websites were created and are managed by Aviato Academy NV/SA (corporate headquarters at Brussels National Airport 1M, Compass Building, 1930 Zaventem / Enterprise number 0726.384.894 (RPR/RPM Brussels) (hereafter “Aviato Academy” or “we“) and/or its licensors.
These Websites and the information they contain may be used on the condition that the terms of use stipulated here are fully observed. By using these Websites, you hereafter referred to as the “User” or “you“, are deemed to have accepted the terms of use.
The information that the User finds on these Websites or that is provided to the User via these Websites is of a general nature and can consequently not be considered as addressing the User’s personal requirements or particular conditions.
Aviato Academy reserves the right to change the information on these Websites at any time and at its own discretion without prior notice of such changes.
We make every effort to ensure that the information provided is as complete, correct, accurate, and up to date as possible. However, Aviato Academy cannot be held liable for any errors or inadequacies, or any loss or damage suffered as a result of using this information.
Should the information provided contain errors or should information that the User could normally expect to find on our Websites be lacking, Aviato Academy will take the necessary steps to rectify the situation to the extent reasonable and feasible as soon as possible after being informed of such inadequacies. We therefore invite you to email any comments to info@aviatoacademy.com.
- Disruptions — Compatibility
We do our best to ensure that there are no interruptions to the availability of the Websites, but we do not accept liability for any loss or damage suffered as a consequence of interruptions.
Aviato Academy makes no guarantee that the files contained on the Websites are compatible with the User’s infrastructure. It is the User’s responsibility to have the correct IT hardware and the necessary software, including security software (e.g. firewall, anti-virus).
- Intellectual property
The User expressly accepts that the training material, other information, and data provided on the Websites are and remain the exclusive property of Aviato Academy or its partners. The text, drawings, photographs, images, data, trade and domain names, brands, logos, and other elements are protected by intellectual property rights.
The User expressly agrees not to reproduce, translate, adapt, store, distribute, share or make available to the public, in whole or in part, any part of the content of the training material or any other information or data contained on the Websites without the prior written consent of the holder of the rights or of Aviato Academy.
- Unauthorised use of the Websites
The User agrees to conditions that include the following:
- Not using the information on these Websites in a wrongful, unlawful manner;
- Not using the Websites in a way that may damage or alter them, disrupt their availability or affect their efficiency in any way;
- Not using the Websites to transmit or post computer viruses, or to transmit or post unlawful or wrongfully obtained material, or material that is in any way inappropriate, including but not limited to libellous, obscene, or threatening material;
- Not using the Websites in any way that violates the rights of a natural person, a legal person or an association, including but not limited to privacy rights and intellectual property rights;
- Not using the Websites to post or transmit material for promotional or publicity purposes.
Aviato Academy reserves all rights to deny, suspend or restrict the User’s access to the Websites, to declare the User in default and/or to start legal proceedings against the User if its interests or the interests of a third party are harmed as a result of the violation of the above provisions or any other action by the User.
- Cookies
The Websites use files known as cookies. Cookies are small data items that we store in the User’s browser or on the hard drive of the User’s computer. They allow us to remember the User’s preferences when using our Websites. Users can change their preferences via their browser settings to reset or block the use of cookies and similar technologies.
If you would like to know more about the cookies we use and how to disable them, please read our cookie policy.
- Processing personal data
When a User visits the Websites and/or logs in to the LMS platform, Aviato Academy may process certain personal data pertaining to the User (such as contact information or training details). Aviato Academy will process this personal data only in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the Belgian Data Protection Act of 30 July 2018 as explained in its privacy policy.
If you would like to know more about what personal data is processed and the reasons why Aviato Academy collects and processes such data, please read our privacy policy.
- Liability
With the exception of proven wilful or gross negligence, Aviato Academy cannot be held liable for any loss or damage that may result from the use of the Websites or any information provided on or accessed via the Websites (e.g. via links provided).
Nor can Aviato Academy be held liable for any loss or damage resulting from technical shortcomings, interruptions of access to the Websites, or any harmful interference with the User’s system or software.
Aviato Academy cannot be held liable for any loss or damage caused by potential viruses, bugs, Trojan horses, etc. affecting the Websites despite all precautions being taken.
- LMS platform
The LMS platform allows a User who has logged in with personal credentials to register for a wide range of training courses and programs. Courses are offered subject to availability, which Aviato Academy will determine at its own discretion.
Once a User has received a password from Aviato Academy, the User will be given the opportunity to change the password; passwords must be kept strictly personal, private, and confidential. Any use made of our services after valid identification with your password will be deemed to have been made by you, the User. Access without a password is strictly prohibited. If the security of the LMS platform is at risk, Aviato Academy may cancel the User’s password.
Although Aviato Academy makes reasonable efforts to keep the LMS platform accessible, the LMS platform may be unavailable from time to time. The User understands and accepts that access to the LMS platform may be interrupted due to circumstances both within and beyond the control of Aviato Academy.
After successfully completing a course on the LMS platform, a certificate can be issued by Aviato Academy (and/or its partners). The course participant will be required to evaluate the course before the certificate is issued. A certificate may expire after a certain period of time and the course participant may be asked to complete further training in order to recertify.
If a User does not comply with these terms of use, BAC will, if possible, send notice to the User in question. If a User fails to remedy this violation within 24 hours of the notification being sent, BAC will have the right (i) to temporarily suspend one of its services to the User and/or (ii) to deny the User access to the LMS platform or restrict the User’s access. The foregoing does not affect Aviato Academy’s right to suspend access to the LMS platform immediately if Aviato Academy considers that the User’s actions or omissions put the proper functioning of the LMS platform in jeopardy.
- Final provisions
Aviato Academy has the right to change these terms of use. The changes will be effective for use of the Websites after such modifications. The User is therefore advised to save or print a copy of these terms of use before using the Websites. Once changed, the new text of the terms of use will be made available immediately on the Websites. These terms of use were last modified on the date shown above.
If any provision of the terms of use, or any part thereof, is declared invalid, unlawful, or unenforceable: (i) the validity, lawfulness, and enforceability of the remainder of the terms of use or of the remainder of the provision will not be affected or compromised in any way; and (ii) the parties undertake to negotiate in good faith to establish a clause that achieves as closely as possible the purpose and intent of the invalid, unlawful or unenforceable provision or part thereof.
The failure by Aviato Academy to exercise a right or impose sanctions does not in any way imply a waiver of that right.
The terms of use are governed exclusively by Belgian law and the Dutch-language courts in Brussels are exclusively competent in the case of any disputes arising in connection with these terms of use and the use of the Websites.